BILL NUMBER: AB 1236	CHAPTERED  10/10/99

	CHAPTER   706
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 6, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 10, 1999
	PASSED THE SENATE   SEPTEMBER 8, 1999
	AMENDED IN SENATE   SEPTEMBER 2, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JULY 2, 1999
	AMENDED IN ASSEMBLY   MAY 24, 1999
	AMENDED IN ASSEMBLY   MAY 10, 1999
	AMENDED IN ASSEMBLY   APRIL 19, 1999
	AMENDED IN ASSEMBLY   APRIL 5, 1999

INTRODUCED BY   Assembly Member Battin

                        FEBRUARY 26, 1999

   An act to amend Sections 25189.5, 25189.6, and 25189.7 of the
Health and Safety Code, to amend Sections 237, 289, 666.5, 666.7,
667.70, 803, 1170.11, 1192.8, and 1203.049 of, and to repeal Section
667.72 of, the Penal Code, and to amend Sections 23550.5 and 23558 of
the Vehicle Code, relating to maintenance of criminal provisions,
and declaring the urgency thereof, to take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1236, Battin.  Maintenance of criminal provisions.
   (1) Existing law, as amended by initiative statute, makes it a
felony or a misdemeanor for any person to knowingly dispose,
transport, burn, incinerate, cause to be disposed, transported,
burned, or incinerated, treat, or store any hazardous waste, or who
reasonably should have known that he or she was disposing,
transporting, burning, or incinerating, any hazardous waste, at a
facility that does not have a specified permit, or at any
unauthorized point.  If that act caused great bodily injury or a
substantial probability that death could result, the person may be
punished by imprisonment in the state prison for up to 36 months.
The initiative statute provides that any amendment of its provisions
by the Legislature shall require a 2/3 vote of the membership of each
house.
   This bill would instead provide that the person may be punished by
an additional term of imprisonment in the state prison for one, 2,
or 3 years under these circumstances.  The bill would make other
technical, nonsubstantive changes to these provisions.  Because it
would amend an initiative statute, the bill would require a 2/3 vote.

   (2) Existing law lists and categorizes, for reference purposes
only, all sentence enhancements by schedules based on the length of
the term of imprisonment imposed by each sentence enhancement.
Existing law declares the intent of the Legislature to amend this
provision as necessary to accurately reflect current sentence
enhancement provisions.
   This bill would update this provision to include new sentence
enhancement provisions and delete obsolete provisions.
   (3) Existing law provides that a habitual child molester, as
defined, shall be punished by 25 years in the state prison.
   This bill would delete this provision.
   (4) This bill would make technical changes that conform to and
consolidate other provisions of law, delete language that is
duplicative of other provisions of law, and correct cross-references
to other provisions of law.
   (5) This bill would incorporate additional changes in Section 803
of the Penal Code proposed by SB 1307, to be operative if SB 1307 and
this bill become effective on or before January 1, 2000, and this
bill is enacted last.
   (6) This bill would provide that one of the changes in Section
1170.11 of the Penal Code proposed by the bill shall become operative
only if AB 313 is enacted and becomes effective on or before January
1, 2000.
   (7) The bill would declare that it is to take effect immediately
as an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 25189.5 of the Health and Safety Code is
amended to read:
   25189.5.  (a) The disposal of any hazardous waste, or the causing
thereof, is prohibited when the disposal is at a facility which does
not have a permit from the department issued pursuant to this
chapter, or at any point which is not authorized according to this
chapter.
   (b) Any person who is convicted of knowingly disposing or causing
the disposal of any hazardous waste, or who reasonably should have
known that he or she was disposing or causing the disposal of any
hazardous waste, at a facility which does not have a permit from the
department issued pursuant to this chapter, or at any point which is
not authorized according to this chapter shall, upon conviction, be
punished by imprisonment in a county jail for not more than one year
or by imprisonment in the state prison.
   (c) Any person who knowingly transports or causes the
transportation of hazardous waste, or who reasonably should have
known that he or she was causing the transportation of any hazardous
waste, to a facility which does not have a permit from the department
issued pursuant to this chapter, or at any point which is not
authorized according to this chapter, shall, upon conviction, be
punished by imprisonment in a county jail for not more than one year
or by imprisonment in the state prison.
   (d) Any person who knowingly treats or stores any hazardous waste
at a facility which does not have a permit from the department issued
pursuant to this chapter, or at any point which is not authorized
according to this chapter, shall, upon conviction, be punished by
imprisonment in a county jail for not more than one year or by
imprisonment in the state prison.
   (e) The court also shall impose upon a person convicted of
violating subdivision (b), (c), or (d), a fine of not less than five
thousand dollars ($5,000) nor more than one hundred thousand dollars
($100,000) for each day of violation, except as further provided in
this subdivision.  If the act which violated subdivision (b), (c), or
(d) caused great bodily injury, or caused a substantial probability
that death could result, the person convicted of violating
subdivision (b), (c), or (d) may be punished by imprisonment in the
state prison for one, two, or three years, in addition and
consecutive to the term specified in subdivision (b), (c), or (d),
and may be fined up to two hundred fifty thousand dollars ($250,000)
for each day of violation.
   (f) For purposes of this section, except as otherwise provided in
this subdivision, "each day of violation" means each day on which a
violation continues.  In any case where a person has disposed or
caused the disposal of any hazardous waste in violation of this
section, each day that the waste remains disposed of in violation of
this section and the person has knowledge thereof is a separate
additional violation, unless the person has filed a report of the
disposal with the department and is complying with any order
concerning the disposal issued by the department, a hearing officer,
or court of competent jurisdiction.
  SEC. 2.  Section 25189.6 of the Health and Safety Code is amended
to read:
   25189.6.  (a) Any person who knowingly, or with reckless disregard
for the risk, treats, handles, transports, disposes, or stores any
hazardous waste in a manner which causes any unreasonable risk of
fire, explosion, serious injury, or death is guilty of a public
offense and shall, upon conviction, be punished by a fine of not less
than five thousand dollars ($5,000) nor more than two hundred fifty
thousand dollars ($250,000) for each day of violation, or by
imprisonment in a county jail for not more than one year, or by
imprisonment in the state prison, or by both the fine and
imprisonment.
   (b) Any person who knowingly, at the time the person takes the
actions specified in subdivision (a), places another person in
imminent danger of death or serious bodily injury, is guilty of a
public offense and shall, upon conviction, be punished by a fine of
not less than five thousand dollars ($5,000) nor more than two
hundred fifty thousand dollars ($250,000) for each day of violation,
and by imprisonment in the state prison for 3, 6, or 9 years.
  SEC. 3.  Section 25189.7 of the Health and Safety Code is amended
to read:
   25189.7.  (a) The burning or incineration of any hazardous waste,
or the causing thereof, is prohibited when the burning or
incineration is at a facility which does not have a permit from the
department issued pursuant to this chapter, or at any point which is
not authorized according to this chapter.
   (b) Any person who is convicted of knowingly burning or
incinerating, or causing the burning or incineration of, any
hazardous waste, or who reasonably should have known that he or she
was burning or incinerating, or causing the burning or incineration
of, any hazardous waste, at a facility which does not have a permit
from the department issued pursuant to this chapter, or at any point
which is not authorized according to this chapter, shall, upon
conviction, be punished by imprisonment in a county jail for not more
than one year or by imprisonment in the state prison.
   (c) The court also shall impose upon a person convicted of
violating subdivision (b) a fine of not less than five thousand
dollars ($5,000) nor more than one hundred thousand dollars
($100,000) for each day of violation, except as otherwise provided in
this subdivision.  If the act which violated subdivision (b) caused
great bodily injury or caused a substantial probability that death
could result, the person convicted of violating subdivision (b) may
be punished by imprisonment in the state prison for one, two, or
three years, in addition and consecutive to the term specified in
subdivision (b), and may be fined up to two hundred fifty thousand
dollars ($250,000) for each day of violation.
  SEC. 4.  Section 237 of the Penal Code is amended to read:
   237.  (a) False imprisonment is punishable by a fine not exceeding
one thousand dollars ($1,000), or by imprisonment in the county jail
for not more than one year, or by both that fine and imprisonment.
If the false imprisonment be effected by violence, menace, fraud, or
deceit, it shall be punishable by imprisonment in the state prison.
   (b) False imprisonment of an elder or dependent adult by use of
violence, menace, fraud, or deceit shall be punishable as described
in subdivision (f) of Section 368.
  SEC. 5.  Section 289 of the Penal Code is amended to read:
   289.  (a) (1) Any person who commits an act of sexual penetration
when the act is accomplished against the victim's will by means of
force, violence, duress, menace, or fear of immediate and unlawful
bodily injury on the victim or another person shall be punished by
imprisonment in the state prison for three, six, or eight years.
   (2) Any person who commits an act of sexual penetration when the
act is accomplished against the victim's will by threatening to
retaliate in the future against the victim or any other person, and
there is a reasonable possibility that the perpetrator will execute
the threat, shall be punished by imprisonment in the state prison for
three, six, or eight years.
   (b) Except as provided in subdivision (c), any person who commits
an act of sexual penetration, and the victim is at the time
incapable, because of a mental disorder or developmental or physical
disability, of giving legal consent, and this is known or reasonably
should be known to the person committing the act or causing the act
to be committed, shall be punished by imprisonment in the state
prison for three, six, or eight years. Notwithstanding the
appointment of a conservator with respect to the victim pursuant to
the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing
with Section 5000) of Division 5 of the Welfare and Institutions
Code), the prosecuting attorney shall prove, as an element of the
crime, that a mental disorder or developmental or physical disability
rendered the alleged victim incapable of giving legal consent.
   (c) Any person who commits an act of sexual penetration, and the
victim is at the time incapable, because of a mental disorder or
developmental or physical disability, of giving legal consent, and
this is known or reasonably should be known to the person committing
the act or causing the act to be committed and both the defendant and
the victim are at the time confined in a state hospital for the care
and treatment of the mentally disordered or in any other public or
private facility for the care and treatment of the mentally
disordered approved by a county mental health director, shall be
punished by imprisonment in the state prison, or in a county jail for
a period of not more than one year.  Notwithstanding the existence
of a conservatorship pursuant to the provisions of the
Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of
Division 5 of the Welfare and Institutions Code), the prosecuting
attorney shall prove, as an element of the crime, that a mental
disorder or developmental or physical disability rendered the alleged
victim incapable of giving legal consent.
   (d) Any person who commits an act of sexual penetration, and the
victim is at the time unconscious of the nature of the act and this
is known to the person committing the act or causing the act to be
committed, shall be punished by imprisonment in the state prison for
three, six, or eight years. As used in this subdivision, "unconscious
of the nature of the act" means incapable of resisting because the
victim meets one of the following conditions:
   (1) Was unconscious or asleep.
   (2) Was not aware, knowing, perceiving, or cognizant that the act
occurred.
   (3) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's fraud
in fact.
   (e) Any person who commits an act of sexual penetration when the
victim is prevented from resisting by any intoxicating or anesthetic
substance, or any controlled substance, and this condition was known,
or reasonably should have been known by the accused, shall be
punished by imprisonment in the state prison for a period of three,
six, or eight years.
   (f) Any person who commits an act of sexual penetration when the
victim submits under the belief that the person committing the act or
causing the act to be committed is the victim's spouse, and this
belief is induced by any artifice, pretense, or concealment practiced
by the accused, with intent to induce the belief, shall be punished
by imprisonment in the state prison for a period of three, six, or
eight years.
   (g) Any person who commits an act of sexual penetration when the
act is accomplished against the victim's will by threatening to use
the authority of a public official to incarcerate, arrest, or deport
the victim or another, and the victim has a reasonable belief that
the perpetrator is a public official, shall be punished by
imprisonment in the state prison for a period of three, six, or eight
years.
   As used in this subdivision, "public official" means a person
employed by a governmental agency who has the authority, as part of
that position, to incarcerate, arrest, or deport another.  The
perpetrator does not actually have to be a public official.
   (h) Except as provided in Section 288, any person who participates
in an act of sexual penetration with another person who is under 18
years of age shall be punished by imprisonment in the state prison or
in the county jail for a period of not more than one year.
   (i) Except as provided in Section 288, any person over the age of
21 years who participates in an act of sexual penetration with
another person who is under 16 years of age shall be guilty of a
felony.
   (j) Any person who participates in an act of sexual penetration
with another person who is under 14 years of age and who is more than
10 years younger than he or she shall be punished by imprisonment in
the state prison for three, six, or eight years.
   (k) As used in this section:
   (1) "Sexual penetration" is the act of causing the penetration,
however slight, of the genital or anal openings of any person or
causing another person to so penetrate the defendant's or another
person's genital or anal openings for the purpose of sexual arousal,
gratification, or abuse by any foreign object, substance, instrument,
or device, or by any unknown object.
   (2) "Foreign object, substance, instrument, or device" shall
include any part of the body, except a sexual organ.
   (3) "Unknown object" shall include any foreign object, substance,
instrument, or device, or any part of the body, including a penis,
when it is not known whether penetration was by a penis or by a
foreign object, substance, instrument, or device, or by any other
part of the body.
   (l) As used in subdivision (a), "threatening to retaliate" means a
threat to kidnap or falsely imprison, or inflict extreme pain,
serious bodily injury or death.
   (m) As used in this section, "victim" includes any person who the
defendant causes to penetrate the genital or anal openings of the
defendant or another person or whose genital or anal openings are
caused to be penetrated by the defendant or another person and who
otherwise qualifies as a victim under the requirements of this
section.
  SEC. 6.  Section 666.5 of the Penal Code is amended to read:
   666.5.  (a) Every person who, having been previously convicted of
a felony violation of Section 10851 of the Vehicle Code, or felony
grand theft involving an automobile in violation of subdivision (d)
of Section 487 or former subdivision (3) of Section 487, as that
section read prior to being amended by Section 4 of Chapter 1125 of
the Statutes of 1993, or felony grand theft involving a motor
vehicle, as defined in Section 415 of the Vehicle Code, any trailer,
as defined in Section 630 of the Vehicle Code, any special
construction equipment, as defined in Section 565 of the Vehicle
Code, or any vessel, as defined in Section 21 of the Harbors and
Navigation Code in violation of former Section 487h, or a felony
violation of Section 496d regardless of whether or not the person
actually served a prior prison term for those offenses, is
subsequently convicted of any of these offenses shall be punished by
imprisonment in the state prison for two, three, or four years, or a
fine of ten thousand dollars ($10,000), or both the fine and the
imprisonment.
   (b) For the purposes of this section, the terms "special
construction equipment" and "vessel" are limited to motorized
vehicles and vessels.
   (c) The existence of any fact which would bring a person under
subdivision (a) shall be alleged in the information or indictment and
either admitted by the defendant in open court, or found to be true
by the jury trying the issue of guilt or by the court where guilt is
established by plea of guilty or nolo contendere or by trial by the
court sitting without a jury.
  SEC. 7.  Section 666.7 of the Penal Code is amended to read:
   666.7.  It is the intent of the Legislature that this section
serve merely as a nonsubstantive comparative reference of current
sentence enhancement provisions.  Nothing in this section shall have
any substantive effect on the application of any sentence enhancement
contained in any provision of law, including, but not limited to,
all of the following:  omission of any sentence enhancement
provision, inclusion of any obsolete sentence enhancement provision,
or inaccurate reference or summary of a sentence enhancement
provision.
   It is the intent of the Legislature to amend this section as
necessary to accurately reflect current sentence enhancement
provisions, including the addition of new provisions and the deletion
of obsolete provisions.
   For the purposes of this section, the term "sentence enhancement"
means an additional term of imprisonment in the state prison added to
the base term for the underlying offense.  A sentence enhancement is
imposed because of the nature of the offense at the time the offense
was committed or because the defendant suffered a qualifying prior
conviction before committing the current offense.
   (a) The provisions listed in this subdivision imposing a sentence
enhancement of one year imprisonment in the state prison may be
referenced as Schedule A.
   (1) Money laundering when the value of transactions exceeds fifty
thousand dollars ($50,000), but is less than one hundred fifty
thousand dollars ($150,000) (subpara. (A), para. (1), subd. (c), Sec.
186.10, Pen. C.).
   (2) Commission of two or more related felonies, a material element
of which is fraud or embezzlement, which involve a pattern of
related felony conduct, involving the taking of more than one hundred
thousand dollars ($100,000) (para. (3), subd. (a), Sec. 186.11, Pen.
C.).
   (3) Felony conviction of willful harm or injury to a child,
involving female genital mutilation (Sec. 273.4, Pen. C.).
   (4) Prior conviction of felony hate crime with a current
conviction of felony hate crime (subd. (e), Sec. 422.75, Pen. C.).
   (5) Harming, obstructing, or interfering with any horse or dog
being used by any peace officer in the discharge or attempted
discharge of his or her duties and, with the intent to so harm,
obstruct, or interfere, personally causing the death, destruction, or
serious physical injury of any horse or dog (subd. (c), Sec. 600,
Pen. C.).
   (6) Prior prison term with current felony conviction (subd. (b),
Sec.  667.5, Pen. C.).
   (7) Commission of any specified offense against a person who is 65
years of age or older, blind, a paraplegic or quadriplegic, or under
14 years of age (subd. (a), Sec. 667.9, Pen. C.).
   (8) Showing child pornography to a minor prior to or during the
commission or attempted commission of any lewd or lascivious act with
the minor (subd. (a), Sec. 667.15, Pen. C.).
   (9) Felony conviction of forgery, grand theft, or false pretenses
as part of plan or scheme to defraud an owner in connection with
repairs to a structure damaged by a natural disaster (Sec. 667.16,
Pen. C.).
   (10) Impersonating a peace officer during the commission of a
felony (Sec. 667.17, Pen. C.).
   (11) Felony conviction of any specified offense, including, but
not limited to, forgery, grand theft, and false pretenses, as part of
plan or scheme to defraud an owner in connection with repairs to a
structure damaged by natural disaster with prior felony conviction of
any of those offenses (Sec. 670, Pen. C.).
   (12) Commission or attempted commission of a felony while armed
with a firearm (para. (1), subd. (a), Sec. 12022, Pen. C.).
   (13) Personally using a deadly or dangerous weapon in the
commission or attempted commission of a felony (para. (1), subd. (b),
Sec. 12022, Pen. C.).
   (14) Taking, damaging, or destroying any property in the
commission or attempted commission of a felony with the intent to
cause that taking, damage, or destruction when the loss exceeds fifty
thousand dollars ($50,000) (para.  (1), subd. (a), Sec. 12022.6,
Pen. C.).
   (15) Transferring, lending, selling, or giving any assault weapon
to a minor (para. (2), subd. (a), Sec. 12280, Pen. C.).
   (16) Manufacturing, causing to be manufactured, distributing,
transporting, importing, keeping for sale, offering or exposing for
sale, giving, or lending any assault weapon while committing another
crime (subd.  (c), Sec. 12280, Pen. C.).
   (17) Inducing, employing, or using a minor to commit a drug
offense involving heroin, cocaine, or cocaine base, or unlawfully
furnishing one of these controlled substances to a minor, upon the
grounds of, or within, a church, playground, youth center, child day
care facility, or public swimming pool during business hours or
whenever minors are using the facility (para.  (1), subd. (a), Sec.
11353.1, H.& S.C.).
   (18) Inducing another person to commit a drug offense as part of
the drug transaction for which the defendant is convicted when the
value of the controlled substance involved exceeds five hundred
thousand dollars ($500,000) (para. (1), subd. (a), Sec. 11356.5, H.&
S.C.).
   (19) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing methamphetamine or phencyclidine (PCP), or
attempting to commit any of those acts, or possessing specified
combinations of substances with the intent to manufacture either
methamphetamine or phencyclidine (PCP), when the commission or
attempted commission of the offense causes the death or great bodily
injury of another person other than an accomplice (Sec.  11379.9, H.&
S.C.).
   (20) Using a minor to commit a drug offense involving
phencyclidine (PCP), methamphetamine, or lysergic acid diethylamide
(LSD), or unlawfully furnishing one of these controlled substances to
a minor, when the commission of the offense occurs upon the grounds
of, or within, a church, playground, youth center, child day care
facility, or public swimming pool during business hours or whenever
minors are using the facility (para. (1), subd. (a), Sec.  11380.1,
H.& S.C.).
   (21) Possessing for sale, or selling, heroin, cocaine, cocaine
base, methamphetamine, or phencyclidine (PCP), when the commission of
the offense occurs upon the grounds of a public park, public
library, or oceanfront beach (para. (1), subd. (a), Sec. 11380.5, H.&
S.C.).
   (22) Causing bodily injury or death to more than one victim in any
one instance of driving under the influence of any alcoholic
beverage or drug (Sec. 23558, Veh. C.).
   (23) Fraudulently appropriating food stamps, electronically
transferred benefits, or authorizations to participate in the federal
Food Stamp Program entrusted to a public employee, or knowingly
using, transferring, selling, purchasing, or possessing, any of the
same in an unauthorized manner, when the offense is committed by
means of an electronic transfer of benefits in an amount exceeding
fifty thousand dollars ($50,000), but less than one hundred fifty
thousand dollars ($150,000) (subpara. (A), para. (1), subd. (h), Sec.
  10980, W.& I.C.).
   (b) The provisions listed in this subdivision imposing a sentence
enhancement of one, two, or three years' imprisonment in the state
prison may be referenced as Schedule B.
   (1) Commission of a felony for the benefit of, at the direction
of, or in association with any criminal street gang, with the
specific intent to promote, further, or assist in any criminal
conduct by gang members (para.  (1), subd. (b), Sec. 186.22, Pen.
C.).
   (2) Commission or attempted commission of a felony hate crime
(subd.  (a), Sec. 422.75, Pen. C.).
   (3) Commission or attempted commission of a felony against the
property of a public or private institution because the property is
associated with a person or group of identifiable race, color,
religion, nationality, country of origin, ancestry, gender,
disability, or sexual orientation (subd. (b), Sec.  422.75, Pen. C.).

   (4) Felony conviction of unlawfully causing a fire of any
structure, forest land, or property when the defendant has been
previously convicted of arson or unlawfully causing a fire, or when a
firefighter, peace officer, or emergency personnel suffered great
bodily injury, or when the defendant proximately caused great bodily
injury to more than one victim, or caused multiple structures to burn
(Sec. 452.1, Pen. C.).
   (5) Carrying a loaded or unloaded firearm during the commission or
attempted commission of any felony street gang crime (subd. (a),
Sec. 12021.5, Pen. C.).
   (6) Personally using a deadly or dangerous weapon in the
commission of carjacking or attempted carjacking (para. (2), subd.
(b), Sec. 12022, Pen.  C.).
   (7) Being a principal in the commission or attempted commission of
any specified drug offense, knowing that another principal is
personally armed with a firearm (subd. (d), Sec. 12022, Pen. C.).
   (8) Furnishing or offering to furnish a firearm to another for the
purpose of aiding, abetting, or enabling that person or any other
person to commit a felony (Sec. 12022.4, Pen. C.).
   (9) Selling, supplying, delivering, or giving possession or
control of a firearm to any person within a prohibited class or to a
minor when the firearm is used in the subsequent commission of a
felony (para. (4), subd. (g), Sec. 12072, Pen. C.).
   (10) Inducing, employing, or using a minor who is at least four
years younger than the defendant to commit a drug offense involving
any specified controlled substance, including, but not limited to,
heroin, cocaine, and cocaine base, or unlawfully providing one of
these controlled substances to a minor (para. (3), subd. (a), Sec.
11353.1, H.& S.C.).
   (11) Prior conviction of inducing, employing, or using a minor to
commit a drug offense involving cocaine base, or unlawfully providing
cocaine base to a minor that resulted in a prison sentence with a
current conviction of the same offense (subd. (a), Sec. 11353.4, H.&
S.C.).
   (12) Prior conviction of inducing, employing, or using a minor to
commit a drug offense involving cocaine base, or unlawfully providing
cocaine base to a minor with a current conviction of the same
offense involving a minor who is 14 years of age or younger (subd.
(b), Sec. 11353.4, H.& S.C.).
   (13) Inducing, employing, or using a minor who is at least four
years younger than the defendant to commit a drug offense involving
any specified controlled substance, including, but not limited to,
phencyclidine (PCP), methamphetamine, and lysergic acid diethylamide
(LSD), or unlawfully providing one of these controlled substances to
a minor (para. (3), subd. (a), Sec.  11380.1, H.& S.C.).
   (14) Causing great bodily injury or a substantial probability that
death could result by the knowing disposal, transport, treatment,
storage, burning, or incineration of any hazardous waste at a
facility without permits or at an unauthorized point (subd. (e), Sec.
25189.5, and subd. (c), Sec. 25189.7, H.& S.C.).
   (c) The provisions listed in this subdivision imposing a sentence
enhancement of one, two, or five years' imprisonment in the state
prison may be referenced as Schedule C.
   (1) Wearing a bullet-resistant body vest in the commission or
attempted commission of a violent offense (subd. (b), Sec. 12022.2,
Pen. C.).
   (2) Commission or attempted commission of any specified sex
offense while armed with a firearm or deadly weapon (subd. (b), Sec.
12022.3, Pen.  C.).
   (d) The provisions listed in this subdivision imposing a sentence
enhancement of two years' imprisonment in the state prison may be
referenced as Schedule D.
            (1) Money laundering when the value of the transactions
exceeds one hundred fifty thousand dollars ($150,000), but is less
than one million dollars ($1,000,000) (subpara. (B), para. (1), subd.
(c), Sec. 186.10, Pen.  C.).
   (2) Commission of two or more related felonies, a material element
of which is fraud or embezzlement, which involve a pattern of
related felony conduct, involving the taking of more than one hundred
fifty thousand dollars ($150,000) (para. (3), subd. (a), Sec.
186.11, Pen. C.).
   (3) Conviction of any specified felony sex offense that is
committed after fleeing to this state under specified circumstances
(subd. (d), Sec.  289.5, Pen. C.).
   (4) Prior conviction of any specified insurance fraud offense with
current conviction of willfully injuring, destroying, secreting,
abandoning, or disposing of any property insured against loss or
damage by theft, embezzlement, or any casualty with the intent to
defraud or prejudice the insurer (subd. (b), Sec. 548, Pen. C.).
   (5) Prior conviction of any specified insurance fraud offense with
current conviction of knowingly presenting any false or fraudulent
insurance claim or multiple claims for the same loss or injury, or
knowingly causing or participating in a vehicular collision for the
purpose of presenting any false or fraudulent claim, or providing
false or misleading information or concealing information for purpose
of insurance fraud (subd. (e), Sec. 550, Pen. C.).
   (6) Causing serious bodily injury as a result of knowingly causing
or participating in a vehicular collision or accident for the
purpose of presenting any false or fraudulent claim (subd. (g), Sec.
550, Pen. C.).
   (7) Harming, obstructing, or interfering with any horse or dog
being used by any peace officer in the discharge or attempted
discharge of his or her duties and, with the intent to cause great
bodily injury, personally causing great bodily injury to any person
other than an accomplice (subd. (d), Sec. 600, Pen. C.).
   (8) Prior conviction of any specified offense with current
conviction of any of those offenses committed against a person who is
65 years of age or older, blind, a paraplegic or quadriplegic, or
under 14 years of age (subd.  (b), Sec. 667.9, Pen. C.).
   (9) Prior conviction for penetration of genital or anal openings
by foreign or unknown object with current conviction of the same
offense committed against a person who is 65 years of age or older,
blind, deaf, developmentally disabled, a paraplegic or quadriplegic,
or under 14 years of age (subd. (a), Sec. 667.10, Pen. C.).
   (10) Showing child pornography to minor prior to or during the
commission or attempted commission of continuous sexual abuse of the
minor (subd. (b), Sec. 667.15, Pen. C.).
   (11) Primary care provider in a day care facility committing any
specified felony sex offense against a minor entrusted to his or her
care (subd. (a), Sec. 674, Pen. C.).
   (12) Commission of a felony offense while released from custody on
bail or own recognizance (subd. (b), Sec. 12022.1, Pen. C.).
   (13) Taking, damaging, or destroying any property in the
commission or attempted commission of a felony with the intent to
cause that taking, damage, or destruction when the loss exceeds one
hundred fifty thousand dollars ($150,000) (para. (2), subd. (a), Sec.
12022.6, Pen. C.).
   (14) Inducing, employing, or using a minor to commit a drug
offense involving heroin, cocaine, or cocaine base, or unlawfully
furnishing one of these controlled substances to a minor, upon, or
within 1,000 feet of, the grounds of a school during school hours or
whenever minors are using the facility (para. (2), subd. (a), Sec.
11353.1, H.& S.C.).
   (15) Inducing another person to commit a drug offense as part of
the drug transaction for which the defendant is convicted when the
value of the controlled substance involved exceeds two million
dollars ($2,000,000) (para.  (2), subd. (a), Sec. 11356.5, H.& S.C.).

   (16) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing methamphetamine or phencyclidine (PCP), or
attempting to commit any of those acts, or possessing specified
combinations of substances with the intent to manufacture either
methamphetamine or phencyclidine (PCP), when the commission or
attempted commission of the crime occurs in a structure where any
child under 16 years of age is present (subd.  (a), Sec. 11379.7, H.&
S.C.).
   (17) Using a minor to commit a drug offense involving
phencyclidine (PCP), methamphetamine, or lysergic acid diethylamide
(LSD), or unlawfully furnishing one of these controlled substances to
a minor, upon, or within 1,000 feet of, the grounds of a school
during school hours or whenever minors are using the facility (para.
(2), subd. (a), Sec. 11380.1, H.& S.C.).
   (18) Prior felony conviction of any specified insurance fraud
offense with a current conviction of making false or fraudulent
statements concerning a workers' compensation claim (subd. (c), Sec.
1871.4, Ins. C.).
   (19) Prior felony conviction of making or causing to be made any
knowingly false or fraudulent statement of any fact material to the
determination of the premium, rate, or cost of any policy of workers'
compensation insurance for the purpose of reducing the premium,
rate, or cost of the insurance with a current conviction of the same
offense (subd. (b), Sec. 11760, Ins. C.).
   (20) Prior felony conviction of making or causing to be made any
knowingly false or fraudulent statement of any fact material to the
determination of the premium, rate, or cost of any policy of workers'
compensation insurance issued or administered by the State
Compensation Insurance Fund for the purpose of reducing the premium,
rate, or cost of the insurance with a current conviction of the same
offense (subd. (b), Sec.  11880, Ins. C.).
   (21) Fraudulently appropriating food stamps, electronically
transferred benefits, or authorizations to participate in the federal
Food Stamp Program entrusted to a public employee, or knowingly
using, transferring, selling, purchasing, or possessing, any of the
same in an unauthorized manner, when the offense is committed by
means of an electronic transfer of benefits in an amount exceeding
one hundred fifty thousand dollars ($150,000), but less than one
million dollars ($1,000,000) (subpara. (B), para. (1), subd. (h),
Sec.  10980, W.& I.C.).
   (e) The provisions listed in this subdivision imposing a sentence
enhancement of two, three, or four years' imprisonment in the state
prison may be referenced as Schedule E.
   (1) Commission of a felony for the benefit of, at the direction
of, or in association with any criminal street gang, with the
specific intent to promote, further, or assist in any criminal
conduct by gang members, and on the grounds of, or within 1,000 feet
of, a school during school hours or when minors are using the
facility (para. (2), subd. (b), Sec. 186.22, Pen. C.).
   (2) Acting in concert with another person or aiding or abetting
another person in committing or attempting to commit a felony hate
crime (subd. (c), Sec. 422.75, Pen. C.).
   (3) Carrying a loaded or unloaded firearm together with a
detachable shotgun magazine, a detachable pistol magazine, a
detachable magazine, or a belt-feeding device during the commission
or attempted commission of any felony street gang crime (subd. (b),
Sec. 12021.5, Pen. C.).
   (f) The provisions listed in this subdivision imposing a sentence
enhancement of two, three, or five years' imprisonment in the state
prison may be referenced as Schedule F.
   (1) Commission of two or more related felonies, a material element
of which is fraud or embezzlement, which involve a pattern of
related felony conduct, involving the taking of more than five
hundred thousand dollars ($500,000) (para. (2), subd. (a), Sec.
186.11, Pen. C.).
   (g) The provisions listed in this subdivision imposing a sentence
enhancement of three years' imprisonment in the state prison may be
referenced as Schedule G.
   (1) Money laundering when the value of transactions exceeds one
million dollars ($1,000,000), but is less than two million five
hundred thousand dollars ($2,500,000) (subpara. (C), para. (1), subd.
(c), Sec. 186.10, Pen.  C.).
   (2) Commission of a felony for the benefit of, at the direction
of, or in association with any criminal street gang, with the
specific intent to promote, further, or assist in any criminal
conduct by gang members, if also convicted of a felony violation of
witness or victim intimidation involving a credible threat of
violence or death made to the witness or victim of a violent felony
for the purpose of preventing or dissuading the witness or victim
from attending or giving testimony at any trial for a violent felony
(para. (5), subd. (b), Sec. 186.22, Pen. C.).
   (3) Willfully mingling any poison or harmful substance which may
cause death if ingested, or which causes the infliction of great
bodily injury on any person, with any food, drink, medicine, or
pharmaceutical product or willfully placing such poison or harmful
substance in any spring, well, reservoir, or public water supply
(subd. (a), Sec. 347, Pen. C.).
   (4) Causing great bodily injury by willfully causing or permitting
any elder or dependent adult to suffer, or inflicting pain or mental
suffering upon, or endangering the health of, an elder or dependent
adult when the victim is under 70 years of age (subpara. (A), para.
(2), subd. (b), Sec.  368, Pen. C.).
   (5) Maliciously driving or placing, in any tree, saw-log,
shingle-bolt, or other wood, any iron, steel, ceramic, or other
substance sufficiently hard to injure saws and causing bodily injury
to another person other than an accomplice (subd. (b), Sec. 593a,
Pen. C.).
   (6) Prior prison term for violent felony with current violent
felony conviction (subd. (a), Sec. 667.5, Pen. C.).
   (7) Commission of any specified felony sex offense by a primary
care provider in a day care facility against a minor entrusted to his
or her care while voluntarily acting in concert with another (subd.
(b), Sec. 674, Pen.  C.).
   (8) Commission or attempted commission of a felony while armed
with an assault weapon or a machinegun (para. (2), subd. (a), Sec.
12022, Pen. C.).
   (9) Taking, damaging, or destroying any property in the commission
or attempted commission of a felony with the intent to cause that
taking, damage, or destruction when the loss exceeds one million
dollars ($1,000,000) (para.  (3), subd. (a), Sec. 12022.6, Pen. C.).

   (10) Personally inflicting great bodily injury on any person other
than an accomplice in the commission or attempted commission of a
felony (subd.  (a), Sec. 12022.7, Pen. C.).
   (11) Administering by injection, inhalation, ingestion, or any
other means, any specified controlled substance against the victim's
will by means of force, violence, or fear of immediate and unlawful
bodily injury to the victim or another person for the purpose of
committing a felony (Sec.  12022.75, Pen. C.).
   (12) Commission of any specified sex offense with knowledge that
the defendant has acquired immune deficiency syndrome (AIDS) or with
the knowledge that he or she carries antibodies of the human
immunodeficiency virus at the time of the commission of the offense
(Sec. 12022.85, Pen. C.).
   (13) Inducing another person to commit a drug offense as part of
the drug transaction for which the defendant is convicted when the
value of the controlled substance involved exceeds five million
dollars ($5,000,000) (para.  (3), subd. (a), Sec. 11356.5, H.& S.C.).

   (14) Prior conviction of any specified drug offense with current
conviction of any specified drug offense (subds. (a), (b), and (c),
Sec.  11370.2, H.& S.C.).
   (15) Commission of any specified drug offense involving a
substance containing heroin, cocaine base, cocaine, methamphetamine,
amphetamine, or phencyclidine (PCP), when the substance exceeds one
kilogram or 30 liters (para. (1), subd. (a), and para. (1), subd.
(b), Sec. 11370.4, H.& S.C.).
   (16) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing any substance containing amphetamine,
methamphetamine, or phencyclidine (PCP) or its analogs or precursors,
or attempting to commit any of those acts, when the substance
exceeds three gallons or one pound (para. (1), subd. (a), Sec.
11379.8, H.& S.C.).
   (17) Four or more prior convictions of specified alcohol-related
vehicle offenses with current conviction of driving under the
influence and causing great bodily injury (subd. (c), Sec. 23190,
Veh. C.).
   (18) Fraudulently appropriating food stamps, electronically
transferred benefits, or authorizations to participate in the federal
Food Stamp Program entrusted to a public employee, or knowingly
using, transferring, selling, purchasing, or possessing, any of the
same in an unauthorized manner, when the offense is committed by
means of an electronic transfer of benefits in an amount exceeding
one million dollars ($1,000,000), but less than two million five
hundred thousand dollars ($2,500,000) (subpara. (C), para. (1), subd.
  (h), Sec. 10980, W.& I.C.).
   (h) The provisions listed in this subdivision imposing a sentence
enhancement of three, four, or five years' imprisonment in the state
prison may be referenced as Schedule H.
   (1) Commission of felony arson with prior conviction of arson or
unlawfully starting a fire, or causing great bodily injury to a
firefighter, peace officer, other emergency personnel, or multiple
victims, or causing the burning of multiple structures, or using an
accelerator or ignition delay device (subd. (a), Sec. 451.1, Pen.
C.).
   (2) Commission or attempted commission of any specified drug
offense while personally armed with a firearm (subd. (c), Sec. 12022,
Pen. C.).
   (3) Personally inflicting great bodily injury under circumstances
involving domestic violence in the commission or attempted commission
of a felony (subd. (d), Sec. 12022.7, Pen. C.).
   (4) Commission of any specified drug offense involving cocaine
base, heroin, or methamphetamine, or a conspiracy to commit any of
those offenses, upon the grounds of, or within 1,000 feet of, a
school during school hours or when minors are using the facility
(subd. (b), Sec. 11353.6, H.& S.C.).
   (5) Commission of any specified drug offense involving cocaine
base, heroin, or methamphetamine, or a conspiracy to violate any of
those offenses, involving a minor who is at least four years younger
than the defendant (subd.  (c), Sec. 11353.6, H.& S.C.).
   (i) The provisions listed in this subdivision imposing a sentence
enhancement of 3, 4, or 10 years' imprisonment in the state prison
may be referenced as Schedule I.
   (1) Commission or attempted commission of any felony while armed
with a firearm and in the immediate possession of ammunition for the
firearm designed primarily to penetrate metal or armor (subd. (a),
Sec. 12022.2, Pen. C.).
   (2) Commission or attempted commission of any specified sex
offense while using a firearm or deadly weapon (subd. (a), Sec.
12022.3, Pen. C.).
   (3) Commission or attempted commission of a felony while
personally using a firearm (para. (1), subd. (a), Sec. 12022.5, Pen.
C.).
   (4) Commission or attempted commission of any specified drug
offense while personally using a firearm (subd. (c), Sec. 12022.5,
Pen. C.).
   (j) The provisions listed in this subdivision imposing a sentence
enhancement of four years' imprisonment in the state prison may be
referenced as Schedule J.
   (1) Money laundering when the value of transactions exceeds two
million five hundred thousand dollars ($2,500,000) (subpara. (D),
para. (1), subd.  (c), Sec. 186.10, Pen. C.).
   (2) Prior conviction of willfully inflicting upon a child any
cruel or inhuman corporal punishment or injury resulting in a
traumatic condition with current conviction of that offense (subd.
(b), Sec. 273d, Pen. C.).
   (3) Taking, damaging, or destroying any property in the commission
or attempted commission of a felony with the intent to cause that
taking, damage, or destruction when the loss exceeds two million five
hundred thousand dollars ($2,500,000) (para. (4), subd. (a), Sec.
12022.6, Pen. C.).
   (4) Personally, willfully, and maliciously discharging a firearm
from a motor vehicle at another person other than an occupant of a
motor vehicle and causing a victim to suffer paralysis or paraparesis
of a major body part (para. (1), subd. (b), Sec. 12022.9, Pen. C.).

   (5) Personally, willfully, and maliciously discharging a firearm
from a motor vehicle at another occupied motor vehicle and causing a
victim to suffer paralysis or paraparesis of a major body part (para.
(2), subd. (b), Sec.  12022.9, Pen. C.).
   (6) Willfully causing or permitting any child to suffer, or
inflicting on the child unjustifiable physical pain or injury that
results in death under circumstances or conditions likely to produce
great bodily harm or death, or, having the care or custody of any
child, willfully causing or permitting that child to be injured or
harmed under circumstances likely to produce great bodily harm or
death, when that injury or harm results in death (Sec.  12022.95,
Pen. C.).
   (7) Fraudulently appropriating food stamps, electronically
transferred benefits, or authorizations to participate in the federal
Food Stamp Program entrusted to a public employee, or knowingly
using, transferring, selling, purchasing, or possessing, any of the
same in an unauthorized manner, when the offense is committed by
means of an electronic transfer of benefits in an amount exceeding
two million five hundred thousand dollars ($2,500,000) (subpara. (D),
para. (1), subd. (h), Sec. 10980, W.& I.C.).
   (k) The provisions listed in this subdivision imposing a sentence
enhancement of 4, 5, or 10 years' imprisonment in the state prison
may be referenced as Schedule K.
   (1) Commission or attempted commission of a felony while
personally using a firearm with prior conviction of carjacking or
attempted carjacking (para. (2), subd. (a), Sec. 12022.5, Pen. C.).
   (l) The provisions listed in this subdivision imposing a sentence
enhancement of five years' imprisonment in the state prison may be
referenced as Schedule L.
   (1) Using sex offender registration information to commit a felony
(subd. (q), Sec. 290, and para. (1), subd. (b), Sec. 290.4, Pen.
C.).
   (2) Causing great bodily injury by willfully causing or permitting
any elder or dependent adult to suffer, or inflicting pain or mental
suffering upon, or endangering the health of, an elder or dependent
adult when the victim is 70 years of age or older (subpara. (B),
para. (2), subd. (b), Sec.  368, Pen. C.).
   (3) Causing death by willfully causing or permitting any elder or
dependent adult to suffer, or inflicting pain or mental suffering
upon, or endangering the health of, an elder or dependent adult when
the victim is under 70 years of age (subpara. (A), para. (3), subd.
(b), Sec. 368, Pen. C.).
   (4) Two prior felony convictions of knowingly causing or
participating in a vehicular collision or accident for the purpose of
presenting any false or fraudulent claim with current conviction of
the same (subd. (f), Sec. 550, Pen. C.).
   (5) Prior conviction of a serious felony with current conviction
of a serious felony (para. (1), subd. (a), Sec. 667, Pen. C.).
   (6) Prior conviction of any specified sex offense with current
conviction of lewd and lascivious acts with a child under 14 years of
age (subd. (a), Sec. 667.51, Pen. C.).
   (7) Prior conviction of any specified sex offense with current
conviction of any of those sex offenses (subd. (a), Sec. 667.6, Pen.
C.).
   (8) Kidnapping or carrying away any child under 14 years of age
with the intent to permanently deprive the parent or legal guardian
custody of that child (Sec. 667.85, Pen. C.).
   (9) Personally inflicting great bodily injury on any person other
than an accomplice in the commission or attempted commission of a
felony that causes the victim to become comatose due to a brain
injury or to suffer paralysis of a permanent nature (subd. (b), Sec.
12022.7, Pen. C.).
   (10) Personally inflicting great bodily injury on another person
who is 70 years of age or older other than an accomplice in the
commission or attempted commission of a felony (subd. (c), Sec.
12022.7, Pen. C.).
   (11) Inflicting great bodily injury on any victim in the
commission or attempted commission of any specified sex offense (Sec.
12022.8, Pen. C.).
   (12) Personally and intentionally inflicting injury upon a
pregnant woman during the commission or attempted commission of a
felony that results in the termination of the pregnancy when the
defendant knew or reasonably should have known that the victim was
pregnant (subd. (a), Sec. 12022.9, Pen.  C.).
   (13) Using information disclosed to the licensee of a community
care facility by a prospective client regarding his or her status as
a sex offender to commit a felony (subd. (c), Sec. 1522.01, H.&
S.C.).
   (14) Commission of any specified drug offense involving a
substance containing heroin, cocaine base, cocaine, methamphetamine,
amphetamine, or phencyclidine (PCP), when the substance exceeds 4
kilograms or 100 liters (para. (2), subd. (a), and para. (2), subd.
(b), Sec. 11370.4, H.& S.C.).
   (15) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing methamphetamine or phencyclidine (PCP), or
attempting to commit any of those acts, or possessing specified
combinations of substances with the intent to manufacture either
methamphetamine or phencyclidine (PCP), when the commission of the
crime causes any child under 16 years of age to suffer great bodily
injury (subd. (b), Sec. 11379.7, H.& S.C.).
   (16) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing any substance containing amphetamine,
methamphetamine, or phencyclidine (PCP) or its analogs or precursors,
or attempting to commit any of those acts, when the substance
exceeds 10 gallons or three pounds (para. (2), subd. (a), Sec.
11379.8, H.& S.C.).
   (17) Fleeing the scene of the crime after commission of vehicular
manslaughter (subd. (c), Sec. 20001, Veh. C.).
   (m) The provisions listed in this subdivision imposing a sentence
enhancement of 5, 6, or 10 years' imprisonment in the state prison
may be referenced as Schedule M.
   (1) Discharging a firearm at an occupied motor vehicle in the
commission or attempted commission of a felony which caused great
bodily injury or death to another person (para. (1), subd. (b), Sec.
12022.5, Pen. C.).
   (2) Commission or attempted commission of a felony while
personally using an assault weapon or a machinegun (para. (2), subd.
(b), Sec. 12022.5, Pen. C.).
   (3) Discharging a firearm from a motor vehicle in the commission
or attempted commission of a felony with the intent to inflict great
bodily injury or death and causing great bodily injury or death (Sec.
12022.55, Pen.  C.).
   (n) The provisions listed in this subdivision imposing a sentence
enhancement of seven years' imprisonment in the state prison may be
referenced as Schedule N.
   (1) Causing death by willfully causing or permitting any elder or
dependent adult to suffer, or inflicting pain or mental suffering
upon, or endangering the health of, an elder or dependent adult when
the victim is 70 years of age or older (subpara. (B), para. (3),
subd. (b), Sec. 368, Pen.  C.).
   (o) The provisions listed in this subdivision imposing a sentence
enhancement of nine years' imprisonment in the state prison may be
referenced as Schedule O.
   (1) Kidnapping victim for purpose of committing any specified
felony sex offense (subd. (a), Sec. 667.8, Pen. C.).
   (p) The provisions listed in this subdivision imposing a sentence
enhancement of 10 years' imprisonment in the state prison may be
referenced as Schedule P.
   (1) Two or more prior prison terms for any specified sex offense
with current conviction of any of those sex offenses (subd. (b), Sec.
667.6, Pen.  C.).
   (2) Commission or attempted commission of any specified felony
offense while personally using a firearm (subd. (b), Sec. 12022.53,
Pen. C.).
   (3) Commission of any specified drug offense involving a substance
containing heroin, cocaine base, cocaine, methamphetamine,
amphetamine, or phencyclidine (PCP), when the substance exceeds 10
kilograms or 200 liters (para. (3), subd. (a), and para. (3), subd.
(b), Sec. 11370.4, H.& S.C.).
   (4) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing any substance containing amphetamine,
methamphetamine, or phencyclidine (PCP) or its analogs or precursors,
or attempting to commit any of those acts, when the substance
exceeds 25 gallons or 10 pounds (para. (3), subd. (a), Sec. 11379.8,
H.& S.C.).
   (q) The provisions listed in this subdivision imposing a sentence
enhancement of 15 years' imprisonment in the state prison may be
referenced as Schedule Q.
   (1) Kidnapping victim under 14 years of age for purpose of
committing any specified felony sex offense (subd. (b), Sec. 667.8,
Pen. C.).
   (2) Commission of any specified drug offense involving a substance
containing heroin, cocaine base, cocaine, methamphetamine,
amphetamine, or phencyclidine (PCP), when the substance exceeds 20
kilograms or 400 liters (para. (4), subd. (a), and para. (4), subd.
(b), Sec. 11370.4, H.& S.C.).
   (3) Manufacturing, compounding, converting, producing, deriving,
processing, or preparing any substance containing amphetamine,
methamphetamine, or phencyclidine (PCP) or its analogs or precursors,
or attempting to commit any of those acts, when the substance
exceeds 105 gallons or 44 pounds (para. (4), subd. (a), Sec. 11379.8,
H.& S.C.).
   (r) The provisions listed in this subdivision imposing a sentence
enhancement of 20 years' imprisonment in the state prison may be
referenced as Schedule R.
   (1) Intentionally and personally discharging a firearm in the
commission or attempted commission of any specified felony offense
(subd. (c), Sec.  12022.53, Pen. C.).
   (2) Commission of any specified drug offense involving a substance
containing heroin, cocaine base, or cocaine, when the substance
exceeds 40 kilograms (para. (5), subd. (a), Sec. 11370.4, H.& S.C.).

   (s) The provisions listed in this subdivision imposing a sentence
enhancement of 25 years' imprisonment in the state prison may be
referenced as Schedule S.
   (1) Commission of any specified drug offense involving a substance
containing heroin, cocaine base, or cocaine, when the substance
exceeds 80 kilograms (para. (6), subd. (a), Sec. 11370.4, H.& S.C.).

                                       (t) The provisions listed in
this subdivision imposing a sentence enhancement of 25 years to life
imprisonment in the state prison may be referenced as Schedule T.
   (1) Intentionally and personally discharging a firearm in the
commission or attempted commission of any specified felony offense
and proximately causing great bodily injury to any person other than
an accomplice (subd. (d), Sec. 12022.53, Pen. C.).
  SEC. 8.  Section 667.70 of the Penal Code is amended to read:
   667.70.  Any person who is convicted of murder, which was
committed prior to June 3, 1998, and sentenced pursuant to paragraph
(1) of subdivision (a) of Section 667.7, shall be eligible only for
credit pursuant to subdivisions (a), (b), and (c) of Section 2931.
  SEC. 9.  Section 667.72 of the Penal Code is repealed.
  SEC. 10.  Section 803 of the Penal Code is amended to read:
   803.  (a) Except as provided in this section, a limitation of time
prescribed in this chapter is not tolled or extended for any reason.

   (b) No time during which prosecution of the same person for the
same conduct is pending in a court of this state is a part of a
limitation of time prescribed in this chapter.
   (c) A limitation of time prescribed in this chapter does not
commence to run until the discovery of an offense described in this
subdivision.  This subdivision applies to an offense punishable by
imprisonment in the state prison, a material element of which is
fraud or breach of a fiduciary obligation, the commission of the
crimes of theft or embezzlement upon an elder or dependent adult, or
the basis of which is misconduct in office by a public officer,
employee, or appointee, including, but not limited to, the following
offenses:
   (1) Grand theft of any type, forgery, falsification of public
records, or acceptance of a bribe by a public official or a public
employee.
   (2) A violation of Section 72, 118, 118a, 132, or 134.
   (3) A violation of Section 25540, of any type, or Section 25541 of
the Corporations Code.
   (4) A violation of Section 1090 or 27443 of the Government Code.
   (5) Felony welfare fraud or Medi-Cal fraud in violation of Section
11483 or 14107 of the Welfare and Institutions Code.
   (6) Felony insurance fraud in violation of Section 548 or 550 of
this code or former Section 1871.1, or Section 1871.4, of the
Insurance Code.
   (7) A violation of Section 580, 581, 582, 583, or 584 of the
Business and Professions Code.
   (8) A violation of Section 22430 of the Business and Professions
Code.
   (9) A violation of Section 10690 of the Health and Safety Code.
   (10) A violation of Section 529a.
   (11) A violation of subdivision (d) or (e) of Section 368.
   (d) If the defendant is out of the state when or after the offense
is committed, the prosecution may be commenced as provided in
Section 804 within the limitations of time prescribed by this
chapter, and no time up to a maximum of three years during which the
defendant is not within the state shall be a part of those
limitations.
   (e) A limitation of time prescribed in this chapter does not
commence to run until the offense has been discovered, or could have
reasonably been discovered, with regard to offenses under Division 7
(commencing with Section 13000) of the Water Code, under Chapter 6.5
(commencing with Section 25100) of, Chapter 6.7 (commencing with
Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of,
Division 20 of, or Part 4 (commencing with Section 41500) of
Division 26 of, the Health and Safety Code, or under Section 386.
   (f) (1) Notwithstanding any other limitation of time described in
this chapter, a criminal complaint may be filed within one year of
the date of a report to a responsible adult or agency by a child
under 18 years of age that the child is a victim of a crime described
in Section 261, 286, 288, 288a, 288.5, 289, or 289.5.
   (2) For purposes of this subdivision, a "responsible adult" or
"agency" means a person or agency required to report pursuant to
Section 11166.  This subdivision applies only if both of the
following occur:
   (A) The limitation period specified in Section 800 or 801 has
expired.
   (B) The defendant has committed at least one violation of Section
261, 286, 288, 288a, 288.5, 289, or 289.5 against the same victim
within the limitation period specified for that crime in either
Section 800 or 801.
   (3) (A) This subdivision applies to a cause of action arising
before, on, or after January 1, 1990, the effective date of this
subdivision, and it shall revive any cause of action barred by
Section 800 or 801 if any of the following occurred or occurs:
   (i) The complaint or indictment was filed on or before January 1,
1997, and it was filed within the time period specified in this
subdivision.
   (ii) The complaint or indictment is or was filed subsequent to
January 1, 1997, and it is or was filed within the time period
specified within this subdivision.
   (iii) The victim made the report required by this subdivision to a
responsible adult or agency after January 1, 1990, and a complaint
or indictment was not filed within the time period specified in this
subdivision, but a complaint or indictment is filed no later than 180
days after the date on which either a published opinion of the
California Supreme Court, deciding whether retroactive application of
this section is constitutional, becomes final or the United States
Supreme Court files an opinion deciding the question of whether
retroactive application of this subdivision is constitutional,
whichever occurs first.
   (iv) The victim made the report required by this subdivision to a
responsible adult or agency after January 1, 1990, and a complaint or
indictment was filed within the time period specified in this
subdivision, but the indictment, complaint, or subsequently filed
information was dismissed, but a new complaint or indictment is or
was filed no later than 180 days after the date on which either a
published opinion of the California Supreme Court, deciding whether
retroactive application of this section is constitutional, becomes
final or the United States Supreme Court files an opinion deciding
the question of whether retroactive application of this subdivision
is constitutional, whichever occurs first.
   (B) (i) If the victim made the report required by this subdivision
to a responsible adult or agency after January 1, 1990, and a
complaint or indictment was filed within the time period specified in
this subdivision, but the indictment, complaint, or subsequently
filed information was dismissed, a new complaint or indictment may be
filed notwithstanding any other provision of law, including, but not
limited to, subdivision (c) of Section 871.5 and subdivision (b) of
Section 1238.
   (ii) An order dismissing an action filed under this subdivision,
which is entered or becomes effective at any time prior to 180 days
after the date on which either a published opinion of the California
Supreme Court, deciding the question of whether retroactive
application of this section is constitutional, becomes final or the
United States Supreme Court files an opinion deciding the question of
whether retroactive application of this subdivision is
constitutional, whichever occurs first, shall not be considered an
order terminating an action within the meaning of Section 1387.
   (iii) Any ruling regarding the retroactivity of this subdivision
or its constitutionality made in the course of the previous
proceeding, including any review proceeding, shall not be binding
upon refiling.
   (g) (1) Notwithstanding any other limitation of time described in
this chapter, a criminal complaint may be filed within one year of
the date of a report to a California law enforcement agency by a
person of any age alleging that he or she, while under the age of 18
years, was the victim of a crime described in Section 261, 286, 288,
288a, 288.5, 289, or 289.5.
   (2) This subdivision applies only if both of the following occur:

   (A) The limitation period specified in Section 800 or 801 has
expired.
   (B) The crime involved substantial sexual conduct, as described in
subdivision (b) of Section 1203.066, excluding masturbation that is
not mutual, and there is independent evidence that clearly and
convincingly corroborates the victim's allegation.  No evidence may
be used to corroborate the victim's allegation that otherwise would
be inadmissible during trial.  Independent evidence does not include
the opinions of mental health professionals.
   (3) (A) This subdivision applies to a cause of action arising
before, on, or after January 1, 1994, the effective date of this
subdivision, and it shall revive any cause of action barred by
Section 800 or 801 if any of the following occurred or occurs:
   (i) The complaint or indictment was filed on or before January 1,
1997, and it was filed within the time period specified in this
subdivision.
   (ii) The complaint or indictment is or was filed subsequent to
January 1, 1997, and it is or was filed within the time period
specified within this subdivision.
   (iii) The victim made the report required by this subdivision to a
law enforcement agency after January 1, 1994, and a complaint or
indictment was not filed within the time period specified in this
subdivision, but a complaint or indictment is filed no later than 180
days after the date on which either a published opinion of the
California Supreme Court, deciding the question of whether
retroactive application of this subdivision is constitutional,
becomes final or the United States Supreme Court files an opinion
deciding the question of whether retroactive application of this
subdivision is constitutional, whichever occurs first.
   (iv) The victim made the report required by this subdivision to a
law enforcement agency after January 1, 1994, and a complaint or
indictment was filed within the time period specified in this
subdivision, but the indictment, complaint, or subsequently filed
information was dismissed, but a new complaint or indictment is filed
no later than 180 days after the date on which either a published
opinion of the California Supreme Court, deciding the question of
whether retroactive application of this subdivision is
constitutional, becomes final or the United States Supreme Court
files an opinion deciding the question of whether retroactive
application of this subdivision is constitutional, whichever occurs
first.
   (B) (i) If the victim made the report required by this subdivision
to a law enforcement agency after January 1, 1994, and a complaint
or indictment was filed within the time period specified in this
subdivision, but the indictment, complaint, or subsequently filed
information was dismissed, a new complaint or indictment may be filed
notwithstanding any other provision of law, including, but not
limited to, subdivision (c) of Section 871.5 and subdivision (b) of
Section 1238.
   (ii) An order dismissing an action filed under this subdivision,
which is entered or becomes effective at any time prior to 180 days
after the date on which either a published opinion of the California
Supreme Court, deciding the question of whether retroactive
application of this section is constitutional, becomes final or the
United States Supreme Court files an opinion deciding the question of
whether retroactive application of this subdivision is
constitutional, whichever occurs first, shall not be considered an
order terminating an action within the meaning of Section 1387.
   (iii) Any ruling regarding the retroactivity of this subdivision
or its constitutionality made in the course of the previous
proceeding, by any trial court or any intermediate appellate court,
shall not be binding upon refiling.
  SEC. 10.5.  Section 803 of the Penal Code is amended to read:
   803.  (a) Except as provided in this section, a limitation of time
prescribed in this chapter is not tolled or extended for any reason.

   (b) No time during which prosecution of the same person for the
same conduct is pending in a court of this state is a part of a
limitation of time prescribed in this chapter.
   (c) A limitation of time prescribed in this chapter does not
commence to run until the discovery of an offense described in this
subdivision.  This subdivision applies to an offense punishable by
imprisonment in the state prison, a material element of which is
fraud or breach of a fiduciary obligation, the commission of the
crimes of theft or embezzlement upon an elder or dependent adult, or
the basis of which is misconduct in office by a public officer,
employee, or appointee, including, but not limited to, the following
offenses:
   (1) Grand theft of any type, forgery, falsification of public
records, or acceptance of a bribe by a public official or a public
employee.
   (2) A violation of Section 72, 118, 118a, 132, or 134.
   (3) A violation of Section 25540, of any type, or Section 25541 of
the Corporations Code.
   (4) A violation of Section 1090 or 27443 of the Government Code.
   (5) Felony welfare fraud or Medi-Cal fraud in violation of Section
11483 or 14107 of the Welfare and Institutions Code.
   (6) Felony insurance fraud in violation of Section 548 or 550 of
this code or former Section 1871.1, or Section 1871.4, of the
Insurance Code.
   (7) A violation of Section 580, 581, 582, 583, or 584 of the
Business and Professions Code.
   (8) A violation of Section 22430 of the Business and Professions
Code.
   (9) A violation of Section 10690 of the Health and Safety Code.
   (10) A violation of Section 529a.
   (11) A violation of subdivision (d) or (e) of Section 368.
   (d) If the defendant is out of the state when or after the offense
is committed, the prosecution may be commenced as provided in
Section 804 within the limitations of time prescribed by this
chapter, and no time up to a maximum of three years during which the
defendant is not within the state shall be a part of those
limitations.
   (e) A limitation of time prescribed in this chapter does not
commence to run until the offense has been discovered, or could have
reasonably been discovered, with regard to offenses under Division 7
(commencing with Section 13000) of the Water Code, under Chapter 6.5
(commencing with Section 25100) of, Chapter 6.7 (commencing with
Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of,
Division 20 of, or Part 4 (commencing with Section 41500) of
Division 26 of, the Health and Safety Code, or under Section 386, or
offenses under Chapter 5 (commencing with Section 2000) of Division 2
of, Chapter 9 (commencing with Section 4000) of Division 2 of,
Chapter 10 (commencing with Section 7301) of Division 3 of, or
Chapter 19.5 (commencing with Section 22440) of Division 8 of, the
Business and Professions Code.
   (f) (1) Notwithstanding any other limitation of time described in
this chapter, a criminal complaint may be filed within one year of
the date of a report to a responsible adult or agency by a child
under 18 years of age that the child is a victim of a crime described
in Section 261, 286, 288, 288a, 288.5, 289, or 289.5.
   (2) For purposes of this subdivision, a "responsible adult" or
"agency" means a person or agency required to report pursuant to
Section 11166.  This subdivision applies only if both of the
following occur:
   (A) The limitation period specified in Section 800 or 801 has
expired.
   (B) The defendant has committed at least one violation of Section
261, 286, 288, 288a, 288.5, 289, or 289.5 against the same victim
within the limitation period specified for that crime in either
Section 800 or 801.
   (3) (A) This subdivision applies to a cause of action arising
before, on, or after January 1, 1990, the effective date of this
subdivision, and it shall revive any cause of action barred by
Section 800 or 801 if any of the following occurred or occurs:
   (i) The complaint or indictment was filed on or before January 1,
1997, and it was filed within the time period specified in this
subdivision.
   (ii) The complaint or indictment is or was filed subsequent to
January 1, 1997, and it is or was filed within the time period
specified within this subdivision.
   (iii) The victim made the report required by this subdivision to a
responsible adult or agency after January 1, 1990, and a complaint
or indictment was not filed within the time period specified in this
subdivision, but a complaint or indictment is filed no later than 180
days after the date on which either a published opinion of the
California Supreme Court, deciding whether retroactive application of
this section is constitutional, becomes final or the United States
Supreme Court files an opinion deciding the question of whether
retroactive application of this subdivision is constitutional,
whichever occurs first.
   (iv) The victim made the report required by this subdivision to a
responsible adult or agency after January 1, 1990, and a complaint or
indictment was filed within the time period specified in this
subdivision, but the indictment, complaint, or subsequently filed
information was dismissed, but a new complaint or indictment is or
was filed no later than 180 days after the date on which either a
published opinion of the California Supreme Court, deciding whether
retroactive application of this section is constitutional, becomes
final or the United States Supreme Court files an opinion deciding
the question of whether retroactive application of this subdivision
is constitutional, whichever occurs first.
   (B) (i) If the victim made the report required by this subdivision
to a responsible adult or agency after January 1, 1990, and a
complaint or indictment was filed within the time period specified in
this subdivision, but the indictment, complaint, or subsequently
filed information was dismissed, a new complaint or indictment may be
filed notwithstanding any other provision of law, including, but not
limited to, subdivision (c) of Section 871.5 and subdivision (b) of
Section 1238.
   (ii) An order dismissing an action filed under this subdivision,
which is entered or becomes effective at any time prior to 180 days
after the date on which either a published opinion of the California
Supreme Court, deciding the question of whether retroactive
application of this section is constitutional, becomes final or the
United States Supreme Court files an opinion deciding the question of
whether retroactive application of this subdivision is
constitutional, whichever occurs first, shall not be considered an
order terminating an action within the meaning of Section 1387.
   (iii) Any ruling regarding the retroactivity of this subdivision
or its constitutionality made in the course of the previous
proceeding, including any review proceeding, shall not be binding
upon refiling.
   (g) (1) Notwithstanding any other limitation of time described in
this chapter, a criminal complaint may be filed within one year of
the date of a report to a California law enforcement agency by a
person of any age alleging that he or she, while under the age of 18
years, was the victim of a crime described in Section 261, 286, 288,
288a, 288.5, 289, or 289.5.
   (2) This subdivision applies only if both of the following occur:

   (A) The limitation period specified in Section 800 or 801 has
expired.
   (B) The crime involved substantial sexual conduct, as described in
subdivision (b) of Section 1203.066, excluding masturbation that is
not mutual, and there is independent evidence that clearly and
convincingly corroborates the victim's allegation.  No evidence may
be used to corroborate the victim's allegation that otherwise would
be inadmissible during trial.  Independent evidence does not include
the opinions of mental health professionals.
   (3) (A) This subdivision applies to a cause of action arising
before, on, or after January 1, 1994, the effective date of this
subdivision, and it shall revive any cause of action barred by
Section 800 or 801 if any of the following occurred or occurs:
   (i) The complaint or indictment was filed on or before January 1,
1997, and it was filed within the time period specified in this
subdivision.
   (ii) The complaint or indictment is or was filed subsequent to
January 1, 1997, and it is or was filed within the time period
specified within this subdivision.
   (iii) The victim made the report required by this subdivision to a
law enforcement agency after January 1, 1994, and a complaint or
indictment was not filed within the time period specified in this
subdivision, but a complaint or indictment is filed no later than 180
days after the date on which either a published opinion of the
California Supreme Court, deciding the question of whether
retroactive application of this subdivision is constitutional,
becomes final or the United States Supreme Court files an opinion
deciding the question of whether retroactive application of this
subdivision is constitutional, whichever occurs first.
   (iv) The victim made the report required by this subdivision to a
law enforcement agency after January 1, 1994, and a complaint or
indictment was filed within the time period specified in this
subdivision, but the indictment, complaint, or subsequently filed
information was dismissed, but a new complaint or indictment is filed
no later than 180 days after the date on which either a published
opinion of the California Supreme Court, deciding the question of
whether retroactive application of this subdivision is
constitutional, becomes final or the United States Supreme Court
files an opinion deciding the question of whether retroactive
application of this subdivision is constitutional, whichever occurs
first.
   (B) (i) If the victim made the report required by this subdivision
to a law enforcement agency after January 1, 1994, and a complaint
or indictment was filed within the time period specified in this
subdivision, but the indictment, complaint, or subsequently filed
information was dismissed, a new complaint or indictment may be filed
notwithstanding any other provision of law, including, but not
limited to, subdivision (c) of Section 871.5 and subdivision (b) of
Section 1238.
   (ii) An order dismissing an action filed under this subdivision,
which is entered or becomes effective at any time prior to 180 days
after the date on which either a published opinion of the California
Supreme Court, deciding the question of whether retroactive
application of this section is constitutional, becomes final or the
United States Supreme Court files an opinion deciding the question of
whether retroactive application of this subdivision is
constitutional, whichever occurs first, shall not be considered an
order terminating an action within the meaning of Section 1387.
   (iii) Any ruling regarding the retroactivity of this subdivision
or its constitutionality made in the course of the previous
proceeding, by any trial court or any intermediate appellate court,
shall not be binding upon refiling.
  SEC. 11.  Section 1170.11 of the Penal Code is amended to read:
   1170.11.  As used in Section 1170.1, the term "specific
enhancement" includes, but is not limited to, the enhancements
provided in Sections 186.10, 186.11, 186.22, 273.4, 289.5, 290,
290.4, 347, and 368, subdivisions (a), (b), and (c) of Section
422.75, paragraphs (2), (3), (4), and (5) of subdivision (a) of
Section 451.1, paragraphs (2), (3), and (4) of subdivision (a) of
Section 452.1, subdivision (g) of Section 550, Sections 593a, 600,
667.8, 667.85, 667.9, 667.10, 667.15, 667.16, 667.17, 674, 12021.5,
12022, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53, 12022.55,
12022.6, 12022.7, 12022.75, 12022.8, 12022.85, 12022.9, 12022.95,
12072, and 12280 of this code, and in Sections 1522.01 and 11353.1,
subdivision (b) of Section 11353.4, Sections 11353.6, 11356.5,
11370.4, 11379.7, 11379.8, 11379.9, 11380.1, 11380.5, 25189.5, and
25189.7 of the Health and Safety Code, and in Sections 20001 and
23558 of the Vehicle Code, and in Section 10980 of the Welfare and
Institutions Code.
  SEC. 11.5.  Section 1170.11 of the Penal Code is amended to read:
   1170.11.  As used in Section 1170.1, the term "specific
enhancement" includes, but is not limited to, the enhancements
provided in Sections 186.10, 186.11, 186.22, 273.4, 289.5, 290,
290.4, 347, and 368, subdivisions (a), (b), and (c) of Section
422.75, paragraphs (2), (3), (4), and (5) of subdivision (a) of
Section 451.1, paragraphs (2), (3), and (4) of subdivision (a) of
Section 452.1, subdivision (g) of Section 550, Sections 593a, 600,
667.8, 667.85, 667.9, 667.15, 667.16, 667.17, 674, 12021.5, 12022,
12022.2, 12022.3, 12022.4, 12022.5, 12022.53, 12022.55, 12022.6,
12022.7, 12022.75, 12022.8, 12022.85, 12022.9, 12022.95, 12072, and
12280 of this code, and in Sections 1522.01 and 11353.1, subdivision
(b) of Section 11353.4, Sections 11353.6, 11356.5, 11370.4, 11379.7,
11379.8, 11379.9, 11380.1, 11380.5, 25189.5, and 25189.7 of the
Health and Safety Code, and in Sections 20001 and 23558 of the
Vehicle Code, and in Section 10980 of the Welfare and Institutions
Code.
  SEC. 12.  Section 1192.8 of the Penal Code is amended to read:
   1192.8.  (a) For purposes of subdivision (c) of Section 1192.7,
"serious felony" also means any violation of Section 191.5, paragraph
(1) or (3) of subdivision (c) of Section 192, paragraph (a) or (c)
of Section 192.5 of this code, or Section 2800.3, subdivision (b) of
Section 23104, or Section 23153 of the Vehicle Code, when any of
these offenses involve the personal infliction of great bodily injury
on any person other than an accomplice, or the personal use of a
dangerous or deadly weapon, within the meaning of paragraph (8) or
(23) of subdivision (c) of Section 1192.7.
   (b) It is the intent of the Legislature, in enacting subdivision
(a), to codify the court decisions of People v. Gonzales, 29 Cal.
App. 4th 1684, and People v. Bow, 13 Cal. App. 4th 1551, and to
clarify that the crimes specified in subdivision (a) have always
been, and continue to be, serious felonies within the meaning of
subdivision (c) of Section 1192.7.
  SEC. 13.  Section 1203.049 of the Penal Code is amended to read:
   1203.049.  (a) Except in unusual cases where the interest of
justice would best be served if the person is granted probation,
probation shall not be granted to any person who violates subdivision
(f) or (g) of Section 10980 of the Welfare and Institutions Code,
when the violation has been committed by means of the electronic
transfer of food stamp benefits, and the amount of the electronically
transferred food stamp benefits exceeds one hundred thousand dollars
($100,000).
                                                  (b) The fact that
the violation was committed by means of an electronic transfer of
food stamp benefits and the amount of the electronically transferred
food stamp benefits exceeds one hundred thousand dollars ($100,000)
shall be alleged in the accusatory pleading, and either admitted by
the defendant in open court, or found to be true by the jury trying
the issue of guilt or by the court where guilt is established by a
plea of guilty or nolo contendere or by trial by the court sitting
without a jury.
   (c) If probation is granted, the court shall specify on the record
and shall enter on the minutes the circumstances indicating that the
interests of justice would best be served by that disposition of the
case.
  SEC. 14.  Section 23550.5 of the Vehicle Code is amended to read:
   23550.5.  (a) A person is guilty of a public offense, punishable
by imprisonment in the state prison or in a county jail for not more
than one year and by a fine of not less than three hundred ninety
dollars ($390) nor more than one thousand dollars ($1,000) if that
person is convicted of a violation of Section 23152 or 23153, and the
offense occurred within 10 years of any of the following:
   (1) A prior violation of Section 23152 that was punished as a
felony under Section 23550 or this section, or both, or under former
Section 23175 or former Section 23175.5, or both.
   (2) A prior violation of Section 23153 that was punished as a
felony.
   (3) A prior violation that was punished as a felony under Section
191.5 of, or paragraph (1) or (3) of subdivision (c) of Section 192
of, the Penal Code.  The person's privilege to operate a motor
vehicle shall be revoked by the Department of Motor Vehicles under
paragraph (7) of subdivision (a) of Section 13352.
   (b) Any person convicted of a violation of Section 23152 that is
punishable under this section shall be designated an habitual traffic
offender for a period of three years, subsequent to the conviction.
The person shall be advised of this designation under subdivision
(b) of Section 13350.
  SEC. 15.  Section 23558 of the Vehicle Code is amended to read:
   23558.  Any person who proximately causes bodily injury or death
to more than one victim in any one instance of driving in violation
of Section 23153 of this code or in violation of Section 191.5 of, or
paragraph (3) of subdivision (c) of Section 192 of, the Penal Code,
shall, upon a felony conviction, and notwithstanding subdivision (g)
of Section 1170.1 of the Penal Code, receive an enhancement of one
year in the state prison for each additional injured victim.  The
enhanced sentence provided for in this section shall not be imposed
unless the fact of the bodily injury to each additional victim is
charged in the accusatory pleading and admitted or found to be true
by the trier of fact.  The maximum number of one year enhancements
which may be imposed pursuant to this section is three.
   Notwithstanding any other provision of law, the court may strike
the enhancements provided in this section if it determines that there
are circumstances in mitigation of the additional punishment and
states on the record its reasons for striking the additional
punishment.
  SEC. 16.  The amendments to Section 289 of the Penal Code, in
Section 5 of this act, that define "sexual penetration" for purposes
of that section and use that phrase throughout the section to replace
repetitive language, are intended to be technical only and not to
make any substantive change to that section or any other provision of
law, including any provision that refers to the offense specified in
Section 289 of the Penal Code.
  SEC. 17.  In repealing Section 667.72 of the Penal Code, in Section
9 of this act, the Legislature recognizes that the conduct punished
under that provision is now subject to greater punishment under
Section 667.71 of the Penal Code.  The repeal of Section 667.72 of
the Penal Code shall not be given any retroactive application, and
shall not be construed to benefit any person who committed a crime or
received a punishment while that provision was in effect.
  SEC. 18.  The amendment of Section 23558 of the Vehicle Code, in
Section 15 of this act, is intended to be declaratory of existing
law.
  SEC. 19.  Section 10.5 of this bill incorporates amendments to
Section 803 of the Penal Code proposed by both this bill and SB 1307.
  It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2000, but this bill becomes
operative first, (2) each bill amends Section 803 of the Penal Code,
and (3) this bill is enacted after SB 1307, in which case Section 803
of the Penal Code, as amended by Section 10 of this bill, shall
remain operative only until the operative date of SB 1307, at which
time Section 10.5 of this bill shall become operative.
  SEC. 20.  Section 11.5 of this bill shall become operative only if
(1) AB 313 of the 1999-2000 Regular Session and this bill are enacted
and become effective on or before January 1, 2000, but this bill
becomes operative first, (2) this bill amends Section 1170.11 of the
Penal Code, and (3) AB 313 repeals Section 667.10 of the Penal Code,
in which case Section 1170.11 of the Penal Code, as amended by
Section 11 of this bill, shall remain operative only until the
operative date of AB 313, at which time Section 11.5 of this bill
shall become operative.
  SEC. 21.  This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect.  The facts constituting the necessity are:
   In order to correct and conform certain criminal law statutes at
the earliest possible time so as to avoid confusion regarding these
provisions, it is necessary for this act to take effect immediately.
